What is the significance of custody as an element of larceny

That is, believing that the property belongs to them. This is different to a claim of moral right to the property. A claim of moral right is not a defence to a charge of Larceny. The belief does not have to be reasonable, however, an accused person must establish that they genuinely and honestly held the belief that they had a legal right and entitlement to the property.

Our client was intoxicated and was under a genuine and honest belief that the bag belonged to her. The case against our client was dismissed. If all of the above elements are satisfied, beyond reasonable doubt, a Court will find the person guilty of Larceny. However, if the matter is heard in the Local Court, the penalties available are subject to the jurisdictional limitations of the Local Court, which are dependent on the value of the property stolen:.

If the matter is heard on indictment in the District Court, there is no jurisdictional limitation on the maximum penalty. Larceny is a Table 1 offence which means that in most cases it will be heard in the Local Court before a Magistrate. The Director of Public Prosecutions or the accused, however, can elect to have the case heard in the District Court before a judge and jury.

The Director of Public Prosecutions only elects to undertake more serious cases of Larceny or cases of Larceny in which there is a significant public interest. There are several factors that a Court must consider when determining an appropriate sentence in a Larceny case. These factors are both the objective factors of the offending and the subjective circumstances of the person.

When determining the appropriate penalty, a Court needs to consider the objective seriousness of an offence. The objective seriousness is the determination of how serious a specific case of Larceny is, in comparison to other non-specific cases of Larceny.

In making that determination, the Court must consider the following:. This includes the following factors:. The sentence that a Court will impose in a case of Larceny will vary significantly depending on how objectively serious the offence is and the subjective case of the offender. For example, in one case of Larceny a Court might give a person a good behaviour bond without convicting them and in another case a Court might decide to send the person to prison.

Our Sydney criminal lawyers have years of experience dealing with Larceny offences. During the free initial consultation, our lawyers will provide advice on the possible penalties based on the specifics of the case. Our criminal lawyers have helped many people to avoid criminal convictions for Larceny offences.

Our lawyers appreciate the impact that a criminal conviction can have on a person and therefore they leave no stone unturned in the preparation of their cases. We appreciate that being charged with any criminal offence is a stressful and overwhelming experience. That is why our Sydney criminal lawyers work extra hard to give our clients peace of mind, knowing that they are getting the absolute best criminal law representation.

We guarantee that we will fight for you no matter how large or small your case. We will vigilantly prepare and make sure that we do everything in our power to get you the right result. Choosing a lawyer is sometimes the most difficult aspect of being charged. You want to know that you are being represented by someone who knows the law but importantly someone who also cares. For this reason, we offer all of our clients a free first legal consultation.

You will get to meet your lawyer and they will give you a preliminary advice on your case. There is no obligation or strings attached. At Australian Criminal and Family Lawyers we appreciate that no matter how large or small your legal problem is, it will require a dedicated legal team to fight for you. Advocates against Injustice. The Offence of Larceny.

The offence The criminal offence of Larceny is found in Section of the Crimes Act NSW : Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.

What is Larceny? However, it has been defined by the High Court of Australia in the well-known case of Ilich v R HCA 1: A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.

What elements do the Prosecution have to prove in a larceny case? There are four physical elements for Larceny, namely that the person: Took and carried away; Property capable of being stolen; Which belonged to another; and Without the consent of the owner. There are a further three mental elements for Larceny, namely that at the time of taking, the person acted: With the intention of permanently depriving the owner; Without a claim of right; and Fraudulently or dishonestly. Physical elements Took and carried away In a case of Larceny, the Prosecution must prove, that a person took and carried away the property.

Property capable of being stolen There are a number of aspects to this element. Even the slightest value will be sufficient for Larceny. The property must be movable. It is, for example, not possible to steal land or information, there are other criminal offences such as trespass which relate to property.

However, items such as gas, electricity, documents of title to land and valuable securities are all capable of fulfilling an offence of Larceny.

The property belonged to another A person cannot be guilty of Larceny if the property does not belong to another. Property can belong to another in the following circumstances: Single ownership: This is fairly self-explanatory.

Joint ownership: Property can belong to more than one person. This is typically so in cases of marriages and other long-term relationships. The property within the marital home usually belongs to both parties. Larceny by finding: Property can also be stolen from an owner who has lost their property.

For example, if a person finds property on the ground, such as a wallet or phone, and takes that property away, that person can be found guilty of Larceny. Possession: In some cases, although a person is not the owner of the property, if they have possession of property, that is enough to satisfy the element that the property belonged to another, in a case of Larceny.

Control: An individual is in control when they have exclusive right of manual custody over the property. This is even so in cases where the person in control is not aware of the existence of the property. Ownership The principal or employer must be the owner of the property embezzled by an agent or employee at the time the offense is committed.

Under many statutes, the ownership requirement is expressed as the property of another. It is sufficient if any person, other than the defendant, owns the property and it does not matter who has title to it or that it is owned by more than one person. Jurisdictions differ on the question of whether a person can embezzle funds belonging to a spouse.

In states that retain the spousal privilege, a person can be prevented from testifying to a crime against a spouse; therefore, spousal embezzlement will not be prosecuted. Unless a statute provides otherwise, coowners of property, such as joint tenants or tenants in common, cannot be guilty of the offense with respect to the property that is jointly owned. A co-owner who wrongfully transfers jointly owned property converts his or her own property as opposed to that of another; therefore, there is no conversion.

If a person has any interest in property held jointly with another, the person cannot be convicted of the offense relating to that property. For example, a coowner of an automobile cannot be guilty of embezzling it if both owners have an equal right to possession.

A number of states, however, have statutes punishing embezzlement by co-owners, such as partners who wrongfully convey partnership assets. In most states, an agent authorized to collect money for his or her principal and to keep a certain amount as commission is guilty of embezzlement if he or she wrongfully transfers the entire sum collected. Possession or Custody of Property Possession is the essential element for distinguishing between embezzlement and larceny.

While larceny requires that the thief take the property out of the victim's possession, the person must lawfully possess the property at the time that it is converted for embezzlement.